The West Virginia program, as submitted on March 3, 1980, as clarified on July 16, 1980, and as resubmitted on December 19, 1980, is conditionally approved, effective January 21, 1981. Beginning on that date and continuing until July 11, 1985, the Department of Natural Resources was deemed the regulatory authority in West Virginia for all surface coal mining and reclamation operations and all exploration operations on non-Federal and non-Indian lands. Beginning on July 11, 1985, the Department of Energy was deemed the regulatory authority pursuant to the program transfer provisions of Enrolled Committee Substitute for House Bill 1850, as signed by the Governor of West Virginia on May 3, 1985. Beginning on October 16, 1991, the Division of Environmental Protection was deemed the regulatory authority pursuant to Enrolled Committee Substitute for House Bill 217 that was signed by the Governor on October 25, 1991. On December 3, 1991, OSM found that it was not necessary to amend the State program to effect the redesignation of the regulatory authority from the Division of Energy to the Division of Environmental Protection (58 FR 42904, August 12, 1993). Beginning on April 14, 2001, the Department of Environmental Protection was deemed the regulatory authority pursuant to Enrolled Committee Substitute for House Bill 2218. The bill, which was signed by the Governor on April 30, 2001, transferred programs and redesignated the Division of Environmental Protection as the Department of Environmental Protection within the executive branch. Copies of the conditionally approved program, as amended, are available at:
(a) Office of Surface Mining, Charleston Field Office, 1027 Virginia Street East, Charleston, West Virginia 25301-2816. Telephone: (304) 347-7158.
(b) West Virginia Department of Environmental Protection, Division of Mining and Reclamation, 10 McJunkin Road, Nitro, West Virginia 25143-2506. Telephone: (304) 759-0510.
[66 FR 67453, Dec. 28, 2001]
Notes of Decisions
In re Alpha Nat. Resources Inc., 544 B.R. 848 (Bankr. E.D. Va. 2016).
“3d at 289; 30 C.F.R. § 948.10 . . DEP and the Debtors disagree about whether DEP can demand the Debtors post substitute bonds without violating the provisions of the automatic stay in the Bankruptcy Code.”
West Virginia Highlands Conservancy, Inc. v. Huffman, 625 F.3d 159 (4th Cir. 2010).
“See 30 C.F.R. § 948.10 . 2 . The Conservancy also filed a companion suit in the United States District Court for the Southern District of West Virginia based on elevated pollutant levels at three bond forfeiture sites in that portion of the state.”
Sierra Club v. Powellton Coal Co., LLC, 662 F. Supp. 2d 514 (S.D.W. Va 2009).
“West Virginia received such federal approval in 1981, 30 C.F.R. § 948.10 , and its surface mining program is administered by the WVDEP.”
West Virginia Highlands Conservancy v. Norton, 137 F. Supp. 2d 687 (S.D.W. Va 2001).
“30 C.F.R. § 948.10 . The West Virginia program includes an alternative bonding system, which governs performance bonds required before surface mining permits may issue.”
Coal River Mountain Watch v. United States Dep't of the Interior, 146 F. Supp. 3d 17 (D.D.C. 2015).
“Significantly for present purposes, the SMCRA also provides that certain mining permits “shall terminate if the permittee has not commenced the surface coal mining operations covered by such permit within three years of the issuance of the permit[,]” subject to the regulatory…”
Coal River Mountain Watch v. Repub. Energy, LLC (S.D.W. Va 2019).
“See 30 C.F.R. § 948.10 . As part of this program, the West Virginia legislature enacted a statute entitled the “Surface Coal Mining and Reclamation Act” (hereinafter “WVSCMRA”).”
Valenti (S.D.W. Va 2026).
“See 30 C.F.R. § 948.10 (2026). B. Clean Water Act The CWA prohibits discharging any pollutant into the navigable waters of the United States without a permit.”
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